Town of Upper Island Cove Municipal Plan 2011-2021 — full text

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TOWN OF UPPER ISLAND COVE MUNICIPAL PLAN 2011-2021 Gazetted: August 24, 2012 Consolidation Date: n/a Amendments: To see if there were any amendments to this document since it came into effect, please refer to: List of Amendments TOWN OF UPPER ISLAND COVE MUNICIPAL PLAN 2011 -2021 PLAN-TECH -/1- J_v~ ~fY ENVIRONMENT M111icipal !'l:rn/Amcndmcnt Development Rcgul:1tio1Js/.·\ mcndmcn i !EG Il§1f !ER!E U) REGnSlfiElRElJ]) ·--·------ ND RURAL PLANNING ~Timber 2/2..:r~ NI 2-· iJo7 Datc~~~~~C'L~_.!,:_=:._a~oLUTION TO APPROVE Dale ~o . en z_ ~~~~!::L..="--'FeWNIOF UPPER ISLAND CO E!iignaturci?ik',01 . MUNICIPAL PLAN AND DEVELOPMENT REGULATIONS 2011-2012 Under the authority of section 16, section 17 and section 18 of the Urban and R ral Planning Act 2000, the Town Council of Upper Island Cove. a) Adopted the Upper Island Cove Municipal Plan and Development Regulations 2011-2012 on the 2nd day of April, 2012. b) Gave notice of the adoption of the Town of Upper Island Cove Municipal Plan and Development Regulations 2011-2012 by advertisement inserted on the 1 ih day and the 24th day of April, 2012 in The Compass newspaper. c) Set the 3rd day of May at 7:30 p.m. at the Town Office, Upper Island Cove for the holding of a public hearing to consider objections and submissions. Now under section 23 of the Urban and Rural Planning Act 2000, the Town C uncil of Upper Island Cove approved the Town of Upper Island Cove Municipal Plan an Development Regulations 2011-2012 as adopted (or as amended). IL SIGNED AND SEALED this Ji_ day of-+'-"'='-.. --, 2012 (Council Seal) Cl rk: URBAN AND RURAL PLANNING ACT RESOLUTION TO ADOPT TOWN OF UPPER ISLAND COVE MUNICIPAL PLAN AND DEVELOPMENT REGULATIONS 2011-2012 Under the authority of Section 16 of the Urban and Rural Planning Act 2000, the n Council of Upper Island Cove adopts the Upper Island Cove Municipal Plan and D velopment Regulations 2011-2012. Adopted by the Town Council of Upper Island Cove on the 2nct day of April, 2012. Sigoed aod ---led thi- \ q jl. day of ~ \,Lwt , 2012, (Council Seal) C NADIAN INSTITUTE OF PLANNERS CERTIFICATION I certify that the attached Town of Upper Island Cove Municipal Plan and D velopment Regulations 2011-2012 has been prepared in accordance with the re uirements of the Urban and Rural Planning Act. Municipal Plan/Amcnclment li{\EG li s:r Ell Y2J) TABLE OF CONTENTS Page 1. INTRODUCTION ................................................................................................... 1 1.1 Municipal Plan Preparation ...................................................................... 1 1.2 Plan Approval ................................................................................. 2 1.3 Plan Review and Amendment............................................ _ ............ 2 1.4 Plan Administration ......................... _ _ _ _ .......................... ___ .................. 3 1.5 Upper Island Cove Municipal Plan Review ........................................... 3 1.6 Community Profile ..................................................................................... 5 1. 7 Interpretation .............................................................................................. 8 2. GOALS AND OBJECTIVES ....................................................................... .... 10 2.1 Physical Structure .................................................................................. 10 2.2 Economic Opportunities ......................................................................... 11 2.3 Housing ................................................................................................... 12 2.4 Municipal Services. ................. ............ . .. . ............................. .13 2.5 Transportation .................................................. _. __ .................................... 13 2.6 Community and Social Services .............................................................. 14 2.7 Environment .............................................................. _ ....................... 15 2.8 Municipal Finance................... .. ....................................................... 16 2.9 Recreation and Tourism......... ..... ...................................... . ................. 17 2.10 Sustainable Development ..................................................................... 17 3. THE LAND USE PLAN ................................................................................ 18 3.1 General Land Use Policies... ...... ................ . ............................. 18 3.1.1 General Policies ....... _ ................................ _ _ ............ 18 3.1.2 Servicing Policies.. . ......................................................... 25 3.1.3 Environmental Policies ............................................................. 26 3.2 Specific Policies - Land Use Designations _ 28 3.2.1 Residential ........................................ __ ................... 29 3.2.2 Mixed Use....... .. .... ... . . .................... 35 3.2.3 Commercial-Industrial....... .. ..... 39 3.2.4 Conservation.. ....... ............... .... ... . . 43 3.2.5 Recreation........................ .. . .. . .. .45 3.2.6 Rural.................................................... .. 48 TABLE OF CONTENTS (cont'd) Page 4. IMPLEMENTATION ............................................................................................ 52 4.1 Plan Administration ........ ...... .......... ...... .. ..... ................ .. ... . ...... . ... 52 4.2 Plan Implementation............ . ..... ........................ ..... .......... .. . ..... 53 4.3 Development Regulations.................. . .. .... ..... . . ...................... 54 4.4 Development Control. .............................................................................. 54 4.5 Public Works and Municipal Services ....................................................... 55 er Island Cove Munici al Plan 2011-2021 Pa e 1 1.0 INTRODUCTION 1.1 MUNICIPAL PLAN PREPARATION The Upper Island Cove Municipal Plan is Council's comprehensive policy document for the management of growth within the municipal planning area over the ten-year planning period of 2011-2021. The Plan repeals and replaces the Upper Island Cove Municipal Plan 1995-2005. The Upper Island Cove Municipal Plan has been prepared in accordance with the requirements of the Urban and Rural Planning Act 2000, following surveys and studies of land use, population growth, the local economy, present and future transportation and communication needs, public services, social services and other relevant factors. The Plan outlines the goals, objectives and policies of Council regarding the development of the Municipal Planning Area over the next ten years. This Municipal Plan, consisting of a written text in which the goals, objectives and policies are set out, also includes Land Use Maps indicating the proposed allocation of land into various land use categories. Its aim is to promote the well- being of the community and efficiently utilize land, water, and other resources. The Upper Island Cove Municipal Plan consists of written text and Future Land Use Maps. U er Island Cove Munici al Plan 2011-2021 Pae 2 1.2 PLAN APPROVAL For the Plan to gain full legal effect, Council must hold public consultation area residents and concerned groups and individuals to allow for public input i to the planning process. After this consultation, Council must adopt the draft Pl n and allow for further input from the general public through a Public Hearing. Council shall appoint a qualified Commissioner to conduct a formal hearing to consider objections and representations from the public, either opposing or in favour of the Municipal Plan. The Commissioner shall formally report his findin s to Council as a result of the public hearing. Council may adopt the report in whole, in part or reject the report in its entirety. Council can then form lly approve the Municipal Plan and apply to the Department of Municipal Affairs or registration. A notice will then appear in the Newfoundland and Labra or Gazette and a local newspaper advising the public of Council's intent. Once t is notice has been published in the Newfoundland and Labrador Gazette, the Pl n is legally binding on Council and any person or group proposing to develop, or to change the use of land, anywhere within the Planning Area. 1.3 PLAN REVIEW AND AMENDMENT Every five years from the date on which the Municipal Plan first comes into effe t, Council is required to initiate a review of the Plan. Where necessary, chang s may then be made to account for any new policies or land use requirements or the next ten years.. The Plan may otherwise be amended at any other time. 1n whole or in part. Any such amendment will be read together with, and beco e part of the Municipal Plan and so must not conflict with any other of its policies. If circumstances do not permit a Plan review to be undertaken w·1thin t e U er Island Cove Munici al Plan 2011-2021 Pa e 3 prescribed time, the current Municipal Plan, and any amendments that had been made to it, will remain in effect until a Plan review is completed and fully approved. When the Municipal Plan comes into effect, Council is required to develop regulations for the control of the use of land, in strict conformity with the Municipal Plan, in the form of Land Use Zoning, Subdivision and Advertisement Regulations. These are also known as the Development Regulations. Normally, these are prepared at the same time as the Municipal Plan, and like the Plan, may be amended at any time to include new land uses and specific regulations. 1.4 PLAN ADMINISTRATION The day-to-day administration of the Municipal Plan and Development Regulations is administered by staff members authorized by Council. Council staff issue all necessary permits approved by Council, make recommendations to Council in accordance with the Municipal Plan, and enforce the regulations. The Department of Municipal Affairs may be consulted on any development matters. 1.5 UPPER ISLAND COVE MUNICIPAL PLAN REVIEW The Town of Upper Island Cove was incorporated on October 19. 1965. The first Municipal Plan for the Town came into effect in July, 1984 The preceding Upper Island Cove Municipal Plan was drafted in 1995 and came into effect on August 25. 1995. This is the first comprehensive review of that Plan. This 2011 Municipal Plan updates and accommodates various amendments made to the original documents. U er Island Cove Munici al Plan 2011-2021 Pae 4 History and Regional Context Upper Island Cove, like many communities on the Avalon Peninsula, is built on very rugged terrain. The Town is unique both in its physical location and its culture and was, in past, commonly referred to as "The Walled City" because i is built at the bottom of high cliffs which at one time isolated it from ot er communities. The land was covered with rocks which were cleared, formed i to walls that separated each settler's land. The cleared land was used for s If- sufficient farming and these rock walls can still be seen today. Since the early days of settlement, music, songs and stories have been han ed down from generation to generation. Stories of Fairies or Little People who pay evil tricks on inhabitants and stories of ghosts are still told. Music and song i a very big part of Upper Island Cove and the community is well known for its m ny musicians, singers and story tellers. In addition to being known for their musi al abilities, people from the community are known throughout the province for t eir unique dialect, their quick wit, and sense of humour. In 1675, the population was 14 and was settled in the mid seventeen hundr ds by four different families; the Youngs, the Pynns, the Parsons and the Cran s Descendants of many of these families remain today. The Young and Cra e families operated a fleet of schooners in Upper Island Cove from the early 170 's up until 1930 as a result of a downturn in the fishery industry. The planning area for the Town covers an area of 7.85 km2. There are th e access points to the Town from Route 70; one through "the Thicket Ro d" between Harbour Grace and Tilton and two entrances from Spaniard's Bay; o e along the Bishop's Cove Shoreline and the other through Crane's Road. U er Island Cove Munici al Plan 2011-2021 Pa e 5 Upper Island Cove does not have a watershed designated for municipal water supply. It depends on the neighbouring Town of Spaniard's Bay as its source for water. At present, Kelly's Pond (Spider's Pond) is the water supply for Spaniard's Bay and Upper Island Cove. 1.6 COMMUNITY PROFILE Population Characteristics 1991-2006 The 2006 census population of Upper Island Cove is 1667, representing a -6% decrease from the 2001 population which was 1774, a significant decrease of - 12.8% from its 1996 population of 2034 and 0.01 % decrease from its 1991 population of 2055. This figure reflects a poor growth rate compared to the provincial population decrease of -1.5% during the 2001-2006 census period. While statistics are not available, the province has experienced a minor increase in the overall population. Upper Island is also experiencing a small resurgence in population and residential development. The population of Upper Island Cove decreased by 21 persons between the years 1991 and 1996. This figure represents a decrease in the population of 0.01 %. Between 1996 and 2001, the population had further decreased by 260 persons, or by -12.8%, and further decreased again by 107 persons in 2006, or by -6.0% (See Table 1) U er Island Cove Munici al Plan 2011-2021 Pa e 6 Table 1: Population Change Year Population Change %Change 1991 2055 1996 2034 21 -0.01% 2001 1774 260 -12.8% 2006 1667 107 -6.0% Housing The 2001 census recorded 660 dwellings, while the 2006 census recorde a slight decrease of 653 dwellings. Council has been issuing an average of 8 1 O new dwelling permits over the past 10 years, but appears to have increa ed during the past 5 years. A substantial proportion of new dwelling construct on has occurred in all areas of the town. Private Dwellings 2006 - 2008 ·······- Total Private D\Nellings 653 Single Detached 96% Semi Detached 0% ···········- Row Housing 2.4% -·------ Apartments & D~i>1exes 0% Apartments fewer/ 5 storeys 1.6% ______ ,.. Sources: 2006 Census D_ata, Statistics Canada '------- ----------.. Economy and Labour Force In 2001, the employable workforce of Upper Island Cove numbered 695 peo le. This figure increased to 71 O in 2006, of which the majority worked outside of Town. In Upper Island Cove, there is work in service-sector business s, U er Island Cove Munici al Plan 2011-2021 Pa e 7 educational and health care, and some commercial farming. The construction trades have a healthy work force. Table 3 shows the types of occupations in which these people worked. TABLE 3: EMPLOYMENT BY INDUSTRY, UPPER ISLAND COVE 2006 Industry No. of Percent of Total Emolovees Agriculture and other Resource 90 12.6% Based Industries Construction 120 16.9% Manufacturina 100 14.1% Wholesale Trade 10 1.4% Retail Trade 90 12.6% Finance and Real Estate 10 1.4% Health Care and Social Services 85 12.0% Educational Services 40 5.6% Business Services 80 11.3% Other Services 85 12.0% TOTAL 710 99.9 The 2006 Census indicates that family median income is $44,045 for Upper Island Cove. Of the 1,415 people over the age of 15, 1,390 are third generation or more. Land Use While Upper Island Cove was once considered a low-density rural community, it is now undergoing growth and urbanization and density has increased substantially in the past decade. The predominant housing form is the single- family detached house with a small percentage of apartments. Most dwellings U er Island Cove Munici al Plan 2011-2021 Pa e 8 are located on single lots. In 2010, the Municipal Assessment Agency sho ed an increase of 20% in residential property value. The Town has developed in the form of a long and narrow ribbon along he Crane's Road and Bishop's Cove Road. The more in-depth developments some side roads and subdivisions off the main streets. The predominantly lin and dispersed form of development has made the provision of municipal w and sewerage services expensive. Additionally, due to the high concentratio rock outcrop, new future development is proving to be costly when services being considered. Commercial and Industrial service uses along Crane's R d at the entrance to the Town. Planning Issues With a gradual decrease in population, Upper Island Cove has minimal la d designated for future residential growth, in particular along and to the South of Crane's Road. However, development in the adjoining Town of Spaniard's y has had little effect of development. However, both Towns are constrained y the availability of land suitable for large scale subdivision developme Therefore, the Town may experience a modest demand for residential gro h along Cranes Road. U er Island Cove Munici al Plan 2011-2021 Pa e 9 1.7 INTERPRETATION The following sections and the Future Land Use Maps constitute the legally effective parts of the Upper Island Cove Municipal Plan. In this Municipal Plan: - "Council" shall mean the Council of the Town of Upper Island Cove. - "Development Regulations" shall mean the Upper Island Cove Land Use Zoning, Subdivision and Advertisement Regulations. - "Municipal Planning Area" shall mean the Upper Island Cove Municipal Planning Area. - "Town" shall mean the Town of Upper Island Cove. The boundaries between the different land uses designated in the Municipal Plan are meant to be general, except in the case of roads or other prominent physical features where they are intended to define the exact limits of each category. Nothing in the Plan shall affect the continuance of land uses which are lawfully established on the date that this Plan comes into effect. U er Island Cove Munici al Plan 2011-2021 Pa e 10 2.0 GOALS AND OBJECTIVES It is the intention of the Municipal Plan to establish a number of goals nd objectives. A goal is a desired state which reflects the long-range purpose of he Plan and is related to a major area of concern. An objective is a short-ranges ep toward the goal. It is concrete, realistic, action-oriented and attainable withi a period of 3 to 5 years. The achievement of an objective should move the g al closer to reality. Based on a comprehensive study of the planning aspects of the Upper Isl Cove Planning Area, the following are the goals and objectives of this Munici al Plan, which are to be pursued within the ten year planning period. 2.1 PHYSICAL STRUCTURE Goals: - To provide for development and allocate land for its best use which enhance the viable functioning of the community. - To encourage future growth in a manner that ensures land u e compatibility, orderly development and the economic use of munici al services. o To control future growth of the town in sucn a manner. as 10 develop a balanced and attractive community. er Island Cove Munici al Plan 2011-2021 Pae 11 - To preserve the rural character of the Town, allowing residents to maintain their small-scale traditional agricultural uses without hindering other development or creating problems to neighbouring residents. - To protect the natural environment and natural resources throughout the Planning Area. Objectives: - To encourage infilling in areas served by municipal water and sewer services. - To allocate land for future development on the basis of its best use considering its physical characteristics and location. - To ensure that natural areas such as drainage courses, shorelines, and steep slopes are protected from development to preserve environmental resources and the rural character of the Town. - To preserve scenic views of the shoreline, ponds and hills, recognizing their value to residents and visitors for recreation and tourism. 2.2 ECONOMIC OPPORTUNITIES Goal: - To encourage the continued operation of existing businesses through appropriate land use policies. - To encourage the development of additional employment opportunities to serve the present and future population. U er Island Cove Munici al Plan 2011-2021 Pa 12 Objectives: - To allocate land so that new businesses will be attracted to Upper Isl nd Cove. - To support the development of facilities and attractions in promoting he tourism industry within Upper Island Cove. - To encourage home-based businesses. 2.3 HOUSING Goals: - To provide for an adequate quality, quantity and mix of housing to serve the needs of the present and future population. - To provide good quality residential site design and a high standard of municipal services. Objectives: - To provide an adequate amount of serviced land to accommod te residential development within the municipality. - To encourage improvement of existing dwelling standards. - To provide for a mixture of housing types within the municipality - To encourage the development of residential infilling lots within built p neighbourhoods. er Island Cove Munici al Plan 2011-2021 2.4 MUNICIPAL SERVICES Goal: - To provide, where possible, a full range of municipal services to Upper Island Cove in the most economical fashion. Objectives: - To ensure that on site services meet the standards of the Government Service Centre. - To permit new subdivision development in areas which are or can easily be connected to municipal services? - To provide fire protection to all residents. 2.5 TRANSPORTATION Goal: - Ensure that the local transportation system adequately and safely provides access throughout the Planning Area. U er Island Cove Munici al Plan 2011-2021 Pa e 14 OBJECTIVES: - To undertake continued improvements to the municipal roads throug a regular maintenance program. - To aim for a proper road system by connecting streets which requir a second access, such as existing cul de sacs which exceed the maxim m length requirement. - To reserve land for future access to backlands. 2.6 COMMUNITY AND SOCIAL SERVICES Goal: - To provide a full range of community and social services to Upper lslan Cove. Objectives: - To ensure that land is reserved throughout the town for recreation a d open space. o To ensure public access to the major natural features of the planning ar a such as the ponds, streams, and ocean shoreline. e To encourage the multi-functional use of existing community buildings (schools, churches, community halls, etc.). U er Island Cove Munici al Plan 2011-2021 Pa e 15 2.7 Environment Goals: - To provide a pleasant and safe living and working environment in Upper Island Cove. - To provide for the health, safety and welfare of the general public. - To protect and enhance the natural environment for its aesthetic, recreational, and resource values. Objectives: - To provide municipal services at environmentally acceptable standards. - To promote a regular community "clean-up" program. - To discourage development in areas with slopes greater than 15 percent, recognizing that development in such areas can result in environmental damage and higher costs for servicing and maintenance. - To maintain a minimum 15 metre buffer of land from the highwater mark of ponds, lakes, and streams, to be kept generally free from development. - To protect natural resources from degradation including water, air, soils, agricultural land, forests and scenic areas. U er Island Cove Munici al Plan 2011-2021 Pa e 16 2.8 MUNICIPAL FINANCE Goal: - To manage municipal expenditures and revenues so as to pro de necessary municipal services within a framework of long-term finan ial stability. Objectives: - To manage municipal expenditures with restraint, aiming for maxim m return on investment. - To manage the municipal debt, considering the Town's ability to meet its expenditures over the long term. - To encourage a more diversified economic base to generate m re revenues through business taxes. U er Island Cove Munici al Plan 2011-2021 Pa e 17 2.9 RECREATION AND TOURISM Goal: - To provide recreation facilities and develop new facilities to accommodate recreational and social needs for all age groups in the Town. Objectives: - Encourage public participation in the planning of recreational open space lands and encourage events such as festivals, sporting events, and other attractions. - Develop public recreational areas and facilities in feasible locations which will service the maximum number of residents of the Town. - Promote the Town as a tourist attraction and encourage travelers to visit Upper Island Cove. 2.10 SUSTAINABLE DEVELOPMENT Goal - To encourage the preservation of natural resources and to promote the development of sustainable development activities. Objectives: Q To encourage the use of natural resources like wind and solar energy as alternative sources of renewable energy. - To promote the development of industries that use clean renewable sources of energy. U er Island Cave Munici al Plan 2011-2021 Pa e 18 3.0 THE LAND USE PLAN The following policies with accompanying Future Land Use Maps constitute e land use component of the Upper Island Cove Municipal Plan, 2011-20 1. Included are all policies which are seen as necessary by Council to ensure t at the physical development of Upper Island Cove is undertaken in an efficient a d economic manner during the ten-year (2011-2021) life of this municipal pl n. The Land Use Plan is meant to complement the Goals and Objectives outlined in Section 2. 3.1 GENERAL LAND USE POLICIES The following policies can be categorized as general in scope in that they can e applied to more than one land use and to different sections of the Town of Up er Island Cove. They are therefore presented as a separate section of this La d Use Plan. 3.1.1 GENERAL POLICIES 1. Physical Structure: Land uses will be allocated in accordance with the Future Land Use M p attached to this text. Development within the Planning Area will e managed in accordance with the regulations of Council, in adherence w h the policies, acts, and regulations of the Province. Nothing in the Plan shall affect the continuation of a use which was lega ly established on the day that this Plan is registered by the Minister of U er Island Cove Munici al Plan 2011-2021 Pa e 19 Municipal Affairs. Where a building or use exists which does not comply with the intent of the Plan and the designated use, then 1t shall not be permitted to expand substantially. Minor extensions of such properties may be approved provided there will be no adverse effects on surrounding properties or the environment. Municipal and public utility works such as telephone, pollution control and electric utility facilities are permitted uses in all use designations, provided no adverse effect on adjacent land uses is created. In this regard, the size and appearance of such works must be in keeping with adjacent uses and provision shall be made for buffering in the form of landscaped areas between uses. 2. Subdivision Policies: Land which borders developed residential areas may be suitable for future residential development. All proposed subdivision developments shall be subject to a comprehensive evaluation by Council. The content of this evaluation will be detailed in the Upper Island Cove Development Regulations and will include: - An investigation of physical features of the site and the opportunities and constraints to development that they represent. Where possible, the layout of proposed lots and roads shall conform to the topography; o An outline of how the proposed subdivision will integrate with existing development and roads and services on adjacent lands and provide for future access to undeveloped lands in the area; U er Island Cove Munici al Plan 2011-2021 - Ensure compatibility between the subdivision and surrounding I nd uses, both existing and future; and - Review of municipal servicing proposals by the developer and the public costs of providing and maintaining these services. 3. Subdivision Development Agreement As a condition of approval, Council shall require the developer to sig a subdivision development agreement with the municipality. 4. Conveyance to Council of Private Roads New subdivision streets shall be constructed and upgraded to the To n's road standards before Council shall assume ownership and responsib lily for future maintenance. All new streets shall have a legal land su ey and a Deed of Conveyance, approved by the Town's solicitor, bef re Council assumes ownership. 5. Access and Public Street All development shall front onto a publicly maintained street, uni ss otherwise specified in this Plan. 6. Easements and Emergency Access Where land is required for utility easements or emergency access, t e land may be obtained for the appropriate agency (such as Newfoundla d Power) in the course of approving subdivision or other developm nt applications. er Island Cove Munici al Plan 2011-2021 Pa e 21 7. Building Setback Adequate building setback from roads shall be required in order to maintain road standards. Setbacks should be sufficient to allow for landscaping of front yards, vehicle off-street parking and not interfere with the abilities of the Towns snow clearing program. In certain circumstances where topography restricts the development of a lot, a larger setback may be permitted to accommodate the development. 8. Soil and Drainage Development shall only be permitted on lands having soil and drainage conditions which are suitable for the proposed uses. 9. Infill Development Council will monitor all infill development to ensure that appropriate standards are maintained with respect to lot size, frontages, road widening, alignments, and any other matter concerning current or future public works. In older developed sections of the Town infill lots may not meet current standards. Council shall review any proposed development on a lot by lot basis. Lots that do not meet current frontage development standards may be approved for infill residential development under Councils discretion provided they are serviced with municipal services and there are sufficient lands for the safe development of the lot. U er Island Cove Munici al Plan 2011-2021 Pae 22 10. Environmental Preservation and Enhancement Council shall place high importance on environmental preservation nd enhancement, given its importance to residents and to Council's intent on of preserving the local environment. Natural Environment The policy of preserving the natural environment will be extended to all natural systems within the Planning Area, including natural drain ge systems, wetlands, bogs, plant and fish habitats. The preservation of watercourses and shoreline areas will be a priority within the Plann ng Area. Development proposals shall include plans for grading, ditching, nd landscaping. Significant alterations to the natural environment (such as changing the drainage pattern or removing vegetation) will be conside ed during the evaluation of development proposals. Alterations which ill adversely affect adjacent property shall not be permitted. Built Environment Council shall encourage partnerships and initiatives aimed at chang ng environmental attitudes, awareness and promoting projects which ill enhance the built environment. Examples will include the following: preservation of trees on sites for new development (1.e . to discourage the traditional practise of clearing development sites of all trees and vegetation); - development and expansion of recreation lands; U er Island Cove Munici al Plan 2011-2021 Pa e 23 - development of walking trails along shoreline; and - Encourage the reduction and recycling of solid waste within the Town. 11. Open Space and Recreation A minimum of 10% of the gross area of land developed for subdivision purposes shall be dedicated to the Town as public open space. This land would be suitable for walking trails, tot lots, green belts, etc. Council may accept from the developer in lieu of such area of land, payment of a sum of money equal to the market value of the land which would otherwise be required to be dedicated. Council shall ensure the preservation of scenic viewpoints and ensure long-term stewardship. Public access to natural areas and open spaces shall be maintained. It is the intent of this Plan to designate open space areas within the Town for active, outdoor community recreation and passive, outdoor recreation needs. Council shall maintain and wherever, improve the integrity of natural recreational systems such as walking and hiking trails. 12. Removal of Topsoil Removal of topsoil from land will not take place unless a permit has been obtained from the Department of Natural Resources, Mineral Lands Division and Council has granted approval. U er Island Cove Munici al Plan 2011-2021 Pa e 24 13. Development Criteria for Non-Residential Sites All built-up development of non-residential land uses will conform to the following criteria: - Each site will have direct frontage on a public road. - Development will be located and designed in a manner hat minimizes the impact of traffic, noise, lighting, and signage on adjacent residential areas. Where necessary, screening will be required through the provision of trees, shrubs, banks and ber s, landscaping or fencing. - Properties will be designed and maintained to a high standard regard to safety, appearance, and compatibility with surroun land uses. - Access points to the public street will be limited in number designed for maximum safety for pedestrians and vehicles. - Each site will provide space for adequate off-street parking nd loading facilities to meet the needs of the proposed developmen . - Adequate municipal services must be available to meet the ne ds of each proposed development. Development must be in accordance with the Town's Develop nt Regulations and where applicable the regulations of the Department of Government Services; Environment and Conservation; Transportation Works, Fisheries and Oceans Canada; and other relevant agencies. 14. Heritage Structures and Sites Houses and other buildings and structures which were built in a traditi nal or distinctive architectural style (or otherwise are deemed to have hist ric or aesthetic value by Council, or a department or agency of a higher I vel of government) may be considered heritage structures. It is Coun il's U er Island Cove Munici al Plan 2011-2021 Pae 25 intention to protect heritage structures for aesthetic and historic reasons and for their historic value as a heritage and tourist attraction. Council may enact regulations for such purposes. Historic sites shall also be protected by Council for their historical value and as tourist attractions. 3.1.2 SERVICING POLICIES 1. Municipal Services Within and near serviced areas, new development shall only be permitted in areas which can be provided with full municipal water and sewage services. In areas where water and/or sewage must be pumped, Council will evaluate the cost of installing and maintaining pumping stations before permitting development to proceed. 2. On-Site Sewerage Disposal On-site sewerage disposal system shall be in compliance with the requirements of the Government Service Centre. Sub-service sewerage disposal systems shall be no closer than 30 metres from a waterbody or watercourse. U er Island Cove Munici al Plan 2011-2021 Pa 26 3.1.3 ENVIRONMENTAL POLICIES 1. Preservation of Trees Mature trees shall be preserved and replaced where necessary. S ch trees shall be removed only if they become dangerous because of ge, disease or proximity to a building; if they are overcrowded, and un uly inhibit light and air circulation for landscape purposes and buil ing occupancy, or if they will unduly inhibit construction. 2. Protection of Watercourses, Wetlands, and Waterfowl Habit t Rivers, streams, ponds, and shorelines shall be protected from pollu ion and development. The existing vegetation shall be maintained al ng banks and shorelines where possible. No development shall be permi ed within 15 metres of a watercourse without approval from the Depart nt of Environment and Conservation and, if fish habitat is affected, f m Fisheries and Oceans Canada. Council shall encourage the preservation and protection of sensi ive wetlands that are valuable for controlling flooding; habitat for water fo have important aesthetic value to the surrounding areas. Any develop nt proposal within sensitive wetlands areas shall be referred to he Department of Environment and Conservation, Water Resour es Management Division, prior to Council approving any developm nt proposal. U er Island Cove Munici al Plan 2011-2021 Pa e 27 3. Waste Disposal Protective measures shall be taken to prevent or minimize pollution when disposing of sewage and solid waste. 4. Alterations to the Natural Environment Development proposals shall include plans for grading, ditching, and landscaping. Significant alterations to the natural environment (such as changing the drainage pattern or removing vegetation) will be considered during the evaluation of development proposals. Alterations which will adversely affect adjacent property or watercourses shall not be permitted. Topsoil or sods shall not be removed except with the approval of Council. 5. Environmentally Sensitive Areas Development shall be prohibited in environmentally sensitive areas such as steep slopes and bogs. Development shall also be prohibited in areas prone to landslides and rockfall. Development shall be prohibited in conservation areas within 30 metres of the rock cliff along the sea wall. These areas are known for coastal erosion. The Future Land Use Map identifies Conservation areas. This policy applies to environmentally sensitive areas in other land use designations. U er Island Cove Munici al Plan 2011-2021 Pae 28 6. Upkeep of Properties Council shall promote the upkeep of residential properties, busines s, and institutions; encourage the repair or removal of dilapidated buildi and structures; and prohibit indiscriminate dumping. encourage businesses and contractors to store their materials and he vy equipment at the rear of their property or screen it from view. 3.2 SPECIFIC POLICIES· LAND USE DESIGNATIONS The land within the Upper Island Cove municipal planning area shall be mana ed according to the designations shown on the Future Land Use Map and he policies of this Municipal Plan. The Future Land Use Map divides the Planning Area into the folio ng designations: Residential Mixed Use Commercial-Industrial Conservation Recreation Rural U er Island Cove Munici al Plan 2011-2021 Pa e 29 3.2.1 RESIDENTIAL The purpose of the Residential designation is to preserve the amenity and character of existing residential areas and to reserve lands for future residential use throughout the Planning Area. The Town has municipal services within the higher density core of the existing residential development area, however there are minor small tracts of land remaining for serviced residential infilling use in the developed area of Town. Infill development on existing roads within built up areas of the town shall be encouraged to increase the density of development and to make efficient use of municipal services such as snow clearing, garbage collection, water and sewer, and reduce operating costs. Residential Policies: 1. Land Designation The Residential designation will accommodate both serviced and unserviced residential development. Serviced residential development will be on smaller lots sizes which reflect older development patterns along existing roads in the Town. Within unserviced areas of the Town residential development will be on larger lot size, to facilitate the development of on site services and preserve the rural nature of development within unserviced areas of the Town. Residential subdivisions may be developed in Residential designated lands, subject to policy 3.2.1.10, Residential Subdivisions, and in accordance with the requirements of the development standards within the appropriate Land Use Zone Table, Schedule C. U r Island Cove Munici al Plan 2011-2021 Pae 30 2. Land Use Within lands designated Residential, single-family detached dwellings shall be permitted. Complementary uses such as double dwelling, row dwelli g, apartment building, child care, office, home office, boarding house reside ial (bed and breakfast), place of worship, education, education, agriculture (ho by farming), cultural and civic, personal and professional services, recreation, Ii ht industry, convenience store or a small scale business use where they are art of a residence may be permitted throughout the area under the discretio of the Council. Council shall consider the impact of the scale of proposed uses in reside ial designations to ensure that development does not adversely affect he residential character and amenity of the area; provision of adequate space for on site parking, loading, and buffering is provided; and the primary use of he lot remains residential. A compatible use will occupy only a minor part of he floor area of the dwelling. Residential growth shall be accommodated in approved comprehens ve subdivisions and through the orderly infilling of existing areas serviced in he town to ensure the efficient use of available lands. Subdivisions will be loca ed adjacent to existing built up areas where municipal servicing can be easily nd economically provided in the future. All new development and all newly created residential lots shall have dir ct frontage onto a publicly-maintained road or in the case of a new subdivis on shall have frontage on a road being constructed under the terms o a development permit issued by Council. The costs of providing services to ny new subdivision development shall be the responsibility of the developer. U er Island Cove Munici al Plan 2011-2021 Pa e 31 3. Density of Development Residential development shall be of higher density within the areas of the Town that have municipal piped services. In other outlying areas residential development shall be of a low density type development consistent with larger lot environment. 4. Environmental Aesthetics Residential development, as well as other discretionary uses that are developed, shall preserve the scenic quality of the community, with emphasis on building design and landscaping of new development. Tree cutting and removal shall be limited to that necessary for construction, space around the building, and for the installation of a septic field where required. 5. Recreation Uses Compatible recreation uses such as playgrounds and tot lots may be located within Residential areas provided that adequate screening from nearby properties is provided, and safe setback distances from public roads can be obtained. U er Island Cove Munici al Plan 2011-2021 Pa e 32 6. Bed-and-Breakfast Bed-and-breakfast operations shall be a permitted use in the residential I nd use designation and shall clearly be subsidiary to the residential use and s all not adversely affect the residential quality of the area through excessive tra ic, noise, or parking of an excessive number of vehicles. 7. Office Use Office use (home office) shall be limited to a home based business which ay be permitted if contained inside the residence, is clearly subsidiary to he residential use, and there shall be no open storage of materials, equipmen or products, and do not adversely affect the residential quality of the area thro gh increased traffic, noise, unsightly premises, and similar considerations. 8. Childcare Group or Family Childcare use must not adversely affect the residential qu of an area through excessive traffic, noise, or similar considerations that ay be associated with the business. Any Group or Family Childcare busin ss shall operate in accordance with provincial Child Care Services Act and all applicable Regulations. 9. Convenience Store Within the Residential designated lands, new convenience stores may be permitted as a subsidiary use to a residential dwelling or as a sepa te structure on its own lot. Council shall encourage the even distribution of U er Island Cove Munici al Plan 2011-2021 Pa e 33 convenience stores in appropriate areas throughout the Town. Development standards shall ensure that the size of the convenience store is limited so that it will not interfere with neighbouring residential uses. When reviewing applications for a new or expanded convenience store, Council shall consider factors such as access to the site; amount of parking to be provided; any adverse impacts upon adjoining neighbours or the neighbourhood in general, and effects of the business on traffic flow. 10. Residential Subdivisions In order to ensure efficient use of land and future provision of services, avoid a proliferation of individual cul-de-sacs that are costly to service, and ensure that development is properly located so as not to interfere with optimal future development of adjacent lands, subdivision proposals will be considered only if they conform to the following: - Conformity to the goals, objectives, and policies of this Municipal Plan; - Conformity to an area concept plan as approved by Council, which accounts for the development of lands abutting the site; - A description of the subject lands; - Consideration of land ownership as it will affect the layout of streets and the optimal use of land and municipal services; - Access to the site from existing roads and internal road layout; - Extension and development of municipal piped services for new subdivision; - Demonstration of the long-term viability of any proposed on-site servicing system through soil analysis and other appropriate site evaluation. Council may require a site assessment as part of a area concept plan which shall U er Island Cove Munici al Plan 2011-2021 Pa e 34 accurately depict the conditions of the proposed subdivision site; - Phasing scheme; - Provision for lotting; - Provision for 10% recreation lands or alternative measures if requeste by Council; - Adherence to the Town's engineering and development standards for streets designs, grades, storm drainage, building line setback, ace ss, landscaping, buffers, development standards for each lot, etc. 11. Backlot Development Backlot development may be permitted at the discretion of Council in develo ed areas behind existing dwellings where vacant parcels of land exist which ar of sufficient size for a building lot, but which do not have the required frontage o a publicly maintained street. In such cases, the following requirements shall be met: - The site is located in an area designated for Residential developmen in the Upper Island Cove Development Regulations; - Approval for on-site water supply and sewage disposal must be obtai ed from Council and the Government Service Centre; - The development of the lot does not prejudice the use of adjoin ng backland. Where there is potential for additional development in the ar a, the lot and access shall be developed in a manner which ill accommodate future development. In such cases, access to the pu lie street must be of sufficient width (15 metres) to accommodate fut re public use; - Where there is no potential for additional development, the access r ad shall be treated as a private driveway and only one backlot developm nt shall be permitted; U er Island Cove Munici al Plan 2011-2021 Pa e 35 - Council shall be satisfied that the backlot development will not detract or restrict other types of development on adjacent lands; - Approval of any backlot development shall not affect the legal conformity of any existing lots; - To ensure that Council can meet its responsibility for public safety and emergency access, the dwelling on a backlot shall be a minimum of 32 metres and a maximum of 100 metres from a public street. - Standards for backlot development shall be established in the Upper Island Cove Development Regulations. 12. Open Space Requirements The provision for open space within a residential subdivision development shall be the responsibility of the developer, and if required by Council, shall dedicate a minimum of 10 % of suitable land in new residential areas for recreational open space or alternatively, Council may as an alternative require the developer to pay a sum of money equal to 10 % of the assessed value of the area of land prior to any development of the subdivision. 3.2.2. MIXED USE A mixture of different kinds of development may be found along the Crane's Road area and consists predominantly of residential uses interspersed with businesses, light industry and public buildings. Such areas are placed under the Mixed Use designation. This designation shall ensure that a viable combination of compatible uses can co-exist with the predominantly residential development. U er Island Cove Munici al Plan 2011-2021 Pa 36 Areas designated Mixed Use are intended for the continuation of a traditional mix of land uses. It is the intention of Council to permit this form of development to continue ile ensuring amenity and safety between the different land uses in the Mixed se land use designation. The Mixed Use area is designated on the Future Land se map and applies to various locations along both sides of Crane's Road. he following policies will guide the growth and development of the Mi ed Development areas. Mixed Use Polices: 1. Land Use Within the Mixed Use area, single dwellings, recreation open space nd conservation shall be permitted. Other uses may be permitted such as do ble dwelling, row dwelling, apartment building, boarding house residential, collec ive residential, commercial residential, cultural and civic, child care, home ba ed business, home for the aged, medical, personal and professional services, off ce, general assembly, passenger assembly, club and lodge, funeral home, plac or worship, education, indoor assembly, communications, taxi stand, police stat n, antenna, convenience store, shop, outdoor market, catering (restaurant and t e- out food service), general service, service station and light industry may be permitted throughout the area under the discretion of the Council provided t ey are compatible with the residential character of the area and do not caus a nuisance by virtue of excessive noise, dust, odour, increased traffic or hour of operation. U er Island Cove Munici al Plan 2011-2021 Pa e 37 2. Site Plans Council may require the developer to provide a comprehensive site plan for any proposed developments, indicating building locations, delivery areas, parking spaces, access, landscaping and buffer areas, and where other development components are to be located. In assessing proposals, Council shall be primarily concerned with aesthetic factors, scale and conformity with the desired character of the area, and compatibility with other land uses in the vicinity, in particular any residential development. 3. Adverse effects Adverse effects of any proposed development on adjacent residential uses shall be prevented or minimized through proper site layout, scale of development, and buffering. The type of buffer that may be required is subject to the site specifics of the particular proposed development. 4. Access to Street Access points to the public street shall be limited in number and properly designed, in order to keep the street safe and efficient for both vehicles and pedestrians. 5. Parking Adequate off-street parking and loading facilities shall be provided for any non residential development. U er Island Cove Munici al Plan 2011-2021 Pa e 38 6. Office Use Office use may be permitted as a home based business. The office use if located within the home, shall be subsidiary to the residential use. The office se may be located in an accessory building on the same lot as the residence. Th re shall be no open storage of materials, equipment or products, and the use d es not adversely affect the residential quality of the area through increased tra ic, noise, unsightly premises, and similar considerations. Provisions for park ng shall meet the standards as prescribed by Council. 7. Boarding House Residential Boarding House Residential uses such as Bed-and-breakfast operations shall ot adversely affect the residential quality of the area through excessive tra 1c, noise, or parking of an excessive number of vehicles. 8. Medical Treatment and Special Care Medical Treatment and Special Care may be permitted provided they are limi ed to only homes for the aged for residence for seniors, and adequate pedest an and vehicular access and parking can be provided. The size and scale of he development shall be reviewed by the Council in any decision to permit this f rm of development within a residential area. U er Island Cove Munici al Plan 2011-2021 Pa e 39 9. Childcare Group or Family Childcare use shall not adversely affect the residential quality of an area through excessive traffic, noise, or similar considerations that may be associated with the business. Group or Family Childcare business shall operate in accordance with provincial Child Care Services Act and all applicable Regulations. 10. General Services and Light Industrial Uses General services uses and light industrial uses shall be small scale uses such as small workshops, laundromat and warehouses. The use shall be carried out in a separate building from any residence. There shall be no outdoor storage of equipment or materials. Activities associated with the use shall not be hazardous and shall not create a nuisance by reason of noticeable noise, odour, dust or flames, or result in electrical interference. 3.2.3 COMMERCIAL - INDUSTRIAL The Commercial-Industrial designation is applied to local and highway commercial-Industrial uses. The intent of the Plan is to allow the continuation of these uses, most of which are long-standing. Small-scale local and personal-service commercial uses may be permitted within residential areas (see the Residential policies). Commercial uses may also be permitted within the Mixed Use designation. Retail and service commercial uses U er Island Cove Munici al Plan 2011-2021 Pa e 40 which serve residents beyond the neighbourhood are intended to be loca d primarily along Crane's Road. There appears to be no great demand for industrial land in Upper Island Co e, and no areas have been designated exclusively as industrial. Light industry ay take place in Commercial-Industrial, Mixed Development and in limited cas s, Residential land use districts. General industry shall be allowed in Commerc 1- lndustrial and Rural districts, where acceptable to surrounding land uses. he developed industrial area of Upper Island Cove is located along Crane's R immediately entering the Town along Route 70. Commercialllndustrial Policies: 1. Land Use Land designated Commercial/Industrial shall be developed primarily for s ch commercial uses as retail and service activities oriented toward highway us rs. Industrial uses shall be general industries, general services and light industr es The permitted uses shall include catering, office, medical and professio al, personal service, shop, and convenience store passenger assembly (all se classes), business and personal service (all use classes), commercial resident al, service station, cultural civic and shop, outdoor assembly, mercantile (all se classes), light industry, and general industry. Other compatible uses that may be permitted include clubs and lodges, amusement, taxi stand, police stati n, funeral home, indoor market, office, general services, veterinary, anten a, recreational open space, and mineral workings. U er Island Cove Munici al Plan 2011-2021 Pa e 41 2. Open Storage No open storage shall be permitted in the front or side yards of any commercial or industrial property. Property owners will be required to keep their premises well maintained and tidy. 3. Restricted Development Industrial uses that are determined to be incompatible with the natural environment or nearby development through excessive emissions of noise, smell, chemicals or other pollutants, shall not be permitted. 4. Environmental Concerns Tanks or apparatus connected with the storage of fuel shall be required to provide adequate containment and dykes. Council shall require that all fuel storage tanks greater then 2500 litres be approved and inspected regularly by the Department of Government Services. Council shall require the siting of fuel storage tanks within the industrial designations in a manner that will not adversely affect the amenities or safety of the adjoining properties. 5. Parking Adequate off street parking, loading and safe access to the street shall be provided. Parking shall meet requirements as outline in Schedule D of the Town's Development Regulations. U er Island Cove Munici al Plan 2011-2021 Pa 42 6. Buffers Proper site layout and buffering shall be used to prevent or minimize the adv rse effects of any commercial development on adjacent residential uses. 7. Access to Street Access points to the public street shall be limited in number and prop rly designed, in order to keep the street safe and efficient for both vehicles nd pedestrians. 3.2.4 Conservation Land designated as Conservation uses are intended to protect certain la ds within the Town which by reason of their intrinsic character, are sensit e, vulnerable, or ecologically significant, or have natural or recreation values. T ey include wetlands, watercourses, bodies of water, shoreline frontages, steep cl s, as well as, open natural spaces such as woodlands, green belts, buffers, nat ral trails, areas of scenic attraction for public enjoyment, etc. In most cases, th se areas are located where municipal services cannot be feasibly extended. U er Island Cove Munici al Plan 2011-2021 Pae 43 Conservation Policies: 1. Land Uses The Conservation designation shall protect and conserve environmentally sensitive and important lands from adverse development. No permanent buildings or structures shall be permitted on lands designated for Conservation uses, except those necessary for environmental protection (e.g., for erosion control). The permitted uses shall include recreation, open space, and cemetery. Other compatible uses that may be permitted include agriculture, forestry, transportation and antenna. 2. Conservation Buffer Waterbodies Along the shoreline of all water bodies and water ways, a conservation buffer area shall be established which includes all land within 15 metres of the high water mark along shoreline. Proposed developments affecting water bodies or watercourses, such as stream crossings, watercourse alterations, and other public works, may be permitted in limited circumstances where it can be demonstrated the proposed use will have a minimal adverse impact. The number and size of such activities shall be limited in numbers. Any such proposed development shall be referred for review and approval to the Department of Environment and Conservation, and the Department of Fisheries and Oceans, and any other relevant agencies before Council issues any permits for development. U er Island Cove Munici al Plan 2011-2021 Pa 44 3. Trail Development The development of passive recreation uses such as walking or nature trails, nd associated interpretation programs may be permitted provided they will not h ve an adverse impact on the natural environment. 4. Preservation of Natural landscape It is also essential that all the visual amenities and undevelopable areas sue as the shoreline, rivers, brooks, streams, flood plains, steep slopes, and ck outcrops are preserved and retained in their natural state. This can add to the open space system and complement the rural development patterns. Area of scenic attraction and with recreational potential shall be preserved and protec d. 5. Excessive Slope Extensive areas of land having slopes in excess of 15 percent are design ed Conservation. Development is not considered feasible on such slopes beca se of excessive runoff and erosion and high costs to install and maintain servi es, and risk to public safety. U er Island Cove Munici al Plan 2011-2021 Pa e 45 3.2.5 Recreation The intent of this Plan is to designate lands used for active and passive recreation to meet the needs of Upper Island Cove residents and visitors. Passive recreational uses such as walking trails may be permitted, provided that they will have no adverse effect on the site. Policies: 1. Land Uses Permitted uses include recreation parks, linear trail systems, walking trails for pedestrians and cross-country skiers in winter shall be permitted. Indoor assembly uses (recreation facilities) such as a recreation centre and outdoor facilities such as sports fields, community festival areas. and picnic and day use parks shall also be permitted. Other uses that may be included within this designation are outdoor assembly; cultural and civic, catering (take-out food service); child care, agriculture; forestry; general industry, light industry, transportation, and antenna. 2. Effects Surrounding Property Development and operation of recreation facilities shall not impose adverse effects on adjacent residential and other uses in terms of noise, traffic and hours of operation. U er Island Cove Munici al Plan 2011-2021 Pa 46 3. Recreation Uses Additional recreation facilities shall be provided in areas where they are nee ed and when the Town's financial resources permit. Since most of the regional nd local recreational facilities are less accessible to the older age groups, he provision of additional facilities will give special consideration to these groups. 4. Town Recreation Facilities Existing recreational facilities owned by the Town shall be properly equipped nd maintained. New playgrounds and recreation areas will be developed by b th land developers and the Council to meet the future recreational needs of he community. 5. Trail Development The development of passive recreation facilities such as walking or nature trail , and associated interpretation programs may be permitted provided they will not have an adverse impact on the natural environment and residential properties. 3.2.6 Rural The remaining lands within the Upper Island Cove Planning Area are designa ed Rural and are intended to be used primarily for rural resource and open sp ce uses. Uses such as public utilities or road construction and maintenan e, consistent with the objective of retaining the qualities of the rural environm may be permitted. U er Island Cove Munici al Plan 2011-2021 Pa e 47 Rural Policies: 1. Land Uses The uses permitted in the designated Rural areas include agricultural, forestry, outdoor recreation and conservation uses, provided these uses do not detract from the rural character of the area. 2. Discretionary Uses Uses that may be allowed at the discretion of Council include outdoor assembly, single dwelling, veterinary, outdoor market, general industry, mineral working, cemetery, animal, and antenna. This will apply particularly to uses that need to be located close to resources or for some other reason cannot be located close to the built up areas of the Town. 3. Residential Use Single residential dwelling use may only be permitted in conjunction with a permitted use such as forestry or agriculture. 4. Mineral Working Mineral workings shall include the extraction, exploration, processing or storage of gravel, sand, rock or any other mined material, concrete and asphalt making, rock crushing, quarrying, sand and gravel pits and other types of mining in U er Island Cove Munici al Plan 2011-2021 Pa 48 general. Aggregate extraction may be permitted at the discretion of Council. All but very small scale mineral workings and related activities shall be prohib ted within general view of roads and developed areas and development of ew mineral workings activity at any location in the Planning Area shall not be permitted where it would create a negative impact on visual amenities as determined by Council. Council shall ensure that aggregate mining will h ve minimal impact upon adjoining land uses, particularly the visibility of gravel Buffering and screening may be required to minimize dust and noise. Open its shall be rehabilitated by the operator prior to abandonment. Mineral extraction operations shall be conducted in a manner which s all minimize the adverse effects on water quality, fish and wildlife. All min ral operations will be required to complete a site rehabilitation plan as a part of the development application. Council shall not permit other development activi ies within 150 m of existing quarry operations that may jeopardize their operatic or future expansion. Proposed operations shall be evaluated in conjunction with the Department of Natural Resources and the Department of Environment nd Conservation. 5. Rural Industry Rural industry may be permitted under discretion of Council where i is demonstrated that a rural rather than urban location is necessary or desire for the development of the industry, and where it will have no detrimental affec on adjacent uses or the rural and scenic environment. U er Island Cove Munici al Plan 2011-2021 Pa e 49 6. Cottage Development To prevent premature urban expansion and demand for services in rural areas, cottage development shall not be permitted in the Rural area. 7. Forestry The Rural area contains forests which provide a long-term domestic wood supply, recreational opportunities, and wildlife habitat. It is important that this resource be well managed. This Plan will support initiatives of the Department of Natural Resources to manage the forests for continued use by the public during and beyond the planning period. The Pine Plantation along Tilton Barrens is included in this designation. U er Island Cove Munici al Plan 2011-2021 Pa e 50 4.0 IMPLEMENTATION The Municipal Plan will be implemented over the ten-year planning period through he decisions of Council and agencies such as the Department Transportation and Wo ks, Department of Natural Resources, Department of Municipal Affairs and the Departm nt of Environment and Conservation. Of particular importance to Council are the followi g: - Effective administration of the Plan; - The adoption of a five year capital works budget; - adopting Land Use Zoning, Advertisement and Development Regulatio s - adopting Development Schemes and plans of subdivision, and - The procedure for considering future Amendments to the Plan. 4.1 Plan Administration For the purposes of administering the Plan, the Future Land Use Maps shall be read only in conjunction with the Goals, Objectives and Policies outlined in his document. All development applications will be carefully evaluated as to t eir conformity to the Plan. The full conformity of all proposals to the Plan shall be required by Council. The boundaries between land uses designations are meant to be general, ex pt where they coincide with roads or other prominent physical features, where t ey are intended to define the exact limits. It is intended that no amendment to his Plan shall be required to permit minor adjustments to these boundaries. Ot er than such minor changes, no development shall be permitted that does ot conform to this Plan. U er Island Cove Munici al Plan 2011-2021 Pa e 51 All persons wishing to develop land for any purpose within the Upper Island Cove Municipal Planning Area shall apply to Council for permission through the established procedure. Council may approve applications with or without conditions. The appeal of all Council decisions to the Regional Appeal Board shall be permitted. Prior to the major development of land within the Planning Area, a development agreement may be required, which will be signed by both the developer and the Council. This agreement shall establish the conditions under which development may proceed and shall be binding to both parties. Conditions governing developments may also be enforced by being attached to the development permit. Nothing in this Plan shall affect the continuance of land uses which are lawfully established on the date that the Plan is adopted by Council. 4.2 Plan Implementation The preparation, adoption and approval of the Upper Island Cove Municipal Plan represent only a part of the planning process. The Plan cannot implement itself and can be functional and effective only through Council's actions and efforts to carry it out. In order to implement this Plan, Council must take the necessary action, as required by the Urban and Rural Planning Act, 2000 as outlined below: - control future development by enforcing the Upper Island Cove Development Regulations and the policies of this Plan; - undertake the capital works program on a progressive basis geared to the available resources of the community and financial assistance from the provincial government; U er Island Cove Munici al Plan 2011-2021 - make necessary amendments to the Plan if conditions of the commu ity change, and - Undertake a review of the Plan every five years. 4.3 Development Regulations To implement this Plan, Council shall prepare and adopt Development (Land se Zoning, Subdivision and Advertisement) Regulations on the basis of this Pl n. These regulations are intended for Council's control over future use of land nd development within the Planning Area and they outline land use zoni g, development standards and application procedures necessary to implement his Plan. 4.4 Development Control The Plan is a legal document which is binding upon all persons, groups, or organizations, including the municipal Council. Council shall exercise pro er control over development within the Planning Area in accordance with this Pan and the Development (Land Use Zoning, Subdivision and Advertisem nt) Regulations. All persons wishing to develop land for any purpose within the Planning A ea shall apply to Council for permission on the prescribed application form(s) nd shall submit a detailed plot/sketch plan of the proposal indicating the location nd dimensions of the land and of the development. Council shall examine he application on the basis of the Development Regulations, which reflect the po icy of this Plan, may approve the application, approve it with conditions, or refuse t. U er Island Cove Munici al Plan 2011-2021 Pa e 53 An applicant who receives a refusal decision from Council on a development application may appeal that decision to the Eastern Regional Appeal Board. Development in areas under the control of Council as well as other government departments will be referred to the concerned departments for review. 4.5 Public Works and Municipal Services In order to properly implement the goals and objectives of the Plan, an annual public works program will be adopted and implemented by Council. This will include the annual preparation of a "5 year Capital Works Budget" which outlines proposed capital works to be undertaken by Council over a five year period, subject to the availability of government funding. The Town of Upper Island Cove provides the usual municipal services (water and sewer, road construction and maintenance, snow clearing, street lighting, garbage collection, volunteer fire brigade and recreational sites. The Town's major service expenditures are the water and sewer systems, followed by road construction and re-surfacing.